The court upheld previous decisions concerning procedural correctness and the liberty to present arguments during trial, dismissing the petition.

JUDGMENT

The Original Petition has been filed challenging Ext.P15 and Ext.P18 orders of the Munsiff Court, Irinjalakkuda, whereby the applications submitted to remit the commission report have been dismissed. The request was to remit the earlier report and call for a fresh report based on prior documents.

2. A similar request had been made earlier which had resulted in the filing of O.P(C) No.397 of 2021 before this Court, which culminated in Ext.P10 judgment. In Ext.P10, this Court found that there is no illegality, irregularity or impropriety in the order of the court below in not calling for fresh reports and made it clear that the petitioner is at liberty to raise all contentions raised in the petition during the course of trial. Since this Court had already granted relief regarding the contention based on the prior document to the extent of raising the same during the course of trial, I do not find any justification in filing a fresh application to set aside the earlier report and call for fresh report on the very same grounds.

The Original Petition is, hence dismissed, retaining the protection that has been granted in the judgment in O.P(C) No.397 of 2021.

Sd/-